Bill Text: TX SB1788 | 2021-2022 | 87th Legislature | Introduced

Texas Senate Bill 1788 (Prior Session Legislation)

Introduced

Bill Title: Relating to the distribution of emergency health resources by the state.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-26 - Referred to Health & Human Services [SB1788 Detail]

Download: Texas-2021-SB1788-Introduced.html



	By: Gutierrez, Alvarado	S.B. No. 1788


	A BILL TO BE ENTITLED
	AN ACT
	relating to the distribution of emergency health resources by the
	state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 161, Health and Safety Code, Subchapter
	A is amended by adding Section 161.0110 to read as follows:
	Sec. 161.0110. PANDEMIC VACCINE DISTRIBUTION. (a) The
	state shall proportionally distribute to designated providers in
	each county in the state any vaccine or immunizing agent received or
	manufactured for the purpose of responding to a pandemic, state
	epidemic, or public health disaster under Section 81.003, Health
	and Safety Code, based on:
	(1) the county population size;
	(2) the percentage of the county population currently
	infected compared to the state population currently infected; and
	(3) the percentage of the county population who has
	died as a direct or in-direct result of the disease compared to the
	total number of people in the state who have died as a direct or
	in-direct result of the disease.
	(b) If the state has a limited supply of vaccines or
	immunizing agents for distribution or has received an additional
	supply of vaccines or immunizing agents for distribution and has
	given priority designation to specific professions or groups of
	people to receive the vaccine or immunizing agent, the state shall
	distribute the vaccines or immunizing agents proportionally based
	on:
	(1) the county population size;
	(2) the percentage of the county population receiving
	priority designation by the state compared to the total state
	population receiving priority designation by the state;
	(3) the percentage of the county population currently
	infected compared to the state population currently infected; and
	(4) the percentage of the county population who has
	died as a direct or in-direct result of the disease compared to the
	total number of people in the state who have died as a direct or
	in-direct result of the disease.
	(c) Sections (a-b) only apply to counties that are located
	in an area with a declared disaster under Section 418.014, 418.108,
	Government Code, as a result of a pandemic, state epidemic, or
	public health disaster under Section 81.003, Health and Safety
	Code,.
	SECTION 2. Section 418.017, Government Code, is amended by
	adding subsections (d-f) to read as follows:
	Sec. 418.017 USE OF PUBLIC AND PRIVATE RESOURCES. (a) The
	governor may use all available resources of state government and of
	political subdivisions that are reasonably necessary to cope with a
	disaster.
	(b) The governor may temporarily reassign resources,
	personnel, or functions of state executive departments and agencies
	or their units for the purpose of performing or facilitating
	emergency services.
	(c) The governor may commandeer or use any private property
	if the governor finds it necessary to cope with a disaster, subject
	to the compensation requirements of this chapter.
	(d) Any personal protective equipment, sanitation equipment
	or any other public or private resource designated for responding
	to a pandemic, state epidemic or public health disaster under
	Section 81.003, Health and Safety Code, must be proportionately
	distributed to each county based on:
	(1) the county population size;
	(2) the percentage of the county population currently
	infected compared to the state population currently infected; and
	(3) the percentage of the county population who has
	died as a direct or in-direct result of the disease compared to the
	total number of people in the state who have died as a direct or
	in-direct result of the disease.
	(e) If the state has a limited supply or an additional
	supply of personal protective equipment, sanitation equipment or
	any other public or private resource designated for responding to a
	pandemic, state epidemic or public health disaster under Section
	81.003, Health and Safety Code, and has given priority designation
	to specific professions or groups of people to receive designated
	resources, the state must proportionately distributed resources to
	each county based on:
	(1) the county population size;
	(2) the percentage of the county population receiving
	priority designation by the state compared to the total state
	population receiving priority designation by the state;
	(3) the percentage of the county population currently
	infected compared to the state population currently infected; and
	(4) the percentage of the county population who has
	died as a direct or in-direct result of the disease compared to the
	total number of people in the state who have died as a direct or
	in-direct result of the disease.
	(f) Sections (d-e) only apply to counties that are located
	in an area with a declared disaster under Section 418.014, 418.108,
	as a result of a pandemic, state epidemic, or health crisis.
	Section 3. This act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.